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Through the highway system in America, commercial trucks provide supplies to communities, ensuring that people are fed and businesses continue. In addition to receiving specialized training, truck drivers are required to take additional safety precautions while driving.
Truck accidents are more deadly than other types of auto accidents due to the weight of the vehicles involved and often result in severe injuries, leading to complex injury claims. Determining liability becomes a critical aspect of these cases, and several different parties may potentially be liable.
Understanding Liability in Truck Accidents
Liability refers to the legal responsibility for one’s actions or inactions. In the context of truck accidents, multiple parties can bear liability, including the truck driver, the trucking company, the manufacturer of the truck, and even the entity responsible for maintaining the road.
Truck Driver Liability
Negligence refers to a driver’s failure to exercise reasonable care while operating a vehicle. When a truck driver’s negligent actions directly contribute to an accident, they can be held legally liable for the resulting damages.
Liability for Lack of Care
Proving negligence involves demonstrating that the driver’s actions fell below the standard of care expected of a reasonable person. Examples of driver negligence include driving above the posted speed limit or too fast for road conditions, Driving Under the Influence (DUI), and traffic violations like ignoring traffic signals, running red lights, or failing to yield the right of way.
Negligence can also include distracted driving, like using a phone, eating, or engaging in other distracting activities behind the wheel. Driving while excessively tired or without adequate rest, aggressive driving like tailgating, weaving between lanes, or engaging in road rage can also demonstrate driver negligence.
Trucking Company Liability
Trucking companies can also be held liable for accidents. They have a responsibility to ensure their drivers are competent and their trucks are in good condition. If a company fails to conduct proper background checks on its drivers or neglects regular vehicle maintenance, it can be held liable for any resulting accidents.
Driver Competence
Trucking companies must ensure that their drivers are competent and qualified to operate commercial vehicles, which involves conducting thorough background checks during the hiring process.
Background checks typically include verifying the driver’s driving record, including any previous accidents, traffic violations, or license suspensions. They also review criminal history, drug and alcohol testing results, and employment history. Neglecting proper background checks can lead to hiring drivers with a history of reckless behavior, which increases the risk of accidents.
Regular Vehicle Maintenance
Trucking companies are responsible for maintaining their fleet of trucks in safe and roadworthy condition. Regular maintenance tasks include inspecting brakes, tires, lights, and other critical components, addressing any mechanical issues promptly, and keeping maintenance records.
Neglecting maintenance can result in faulty brakes, tire blowouts, or other mechanical failures, leading to accidents and, therefore, liability to the trucking company.
Manufacturer Liability
If a truck defect contributed to the accident, the manufacturer could be held liable. Manufacturer liability could be due to a design flaw, a manufacturing defect, or a failure to warn about potential risks related to the accident. Proving manufacturer liability often requires expert testimony to establish the presence and impact of the defect.
Road Maintenance Entity Liability
Entities responsible for maintaining roads can be held liable if poor road conditions contribute to a truck accident. This could include situations where the entity failed to address known issues, such as potholes or inadequate signage.
Navigating Complex Injury Claims
Navigating injury claims in truck accidents can be a daunting task due to the potential involvement of multiple liable parties and the severity of injuries often involved. Here are some steps to guide you through the process:
Seek Legal Counsel
Engage a lawyer who is experienced in truck accident cases. They can help you understand your rights, gather evidence, and navigate the legal process.
Document Everything
Keep a record of all relevant information, including medical reports, repair bills, and any communication with insurance companies or liable parties.
Identify Liable Parties
Work with your lawyer to identify all potentially liable parties, which could involve investigating the truck driver, the trucking company, the manufacturer, and the entity responsible for road maintenance.
Prove Negligence or Liability
Gather evidence to prove negligence or liability, which could involve obtaining traffic camera footage, vehicle maintenance records, or expert testimonies. Personal injury attorneys have experience collecting evidence of this sort and can help guide you through this process.
Negotiate a Settlement
It’s critical to comprehend your legal rights and available compensation choices following a truck accident. Serious injuries and property damage can arise from truck accidents, and handling the legal system can be difficult and daunting. Most truck accident cases are settled out of court.
A knowledgeable personal injury lawyer can come in handy if you’ve been injured in a truck accident. They can help advise you on what to do after your accident, identify liability, and what kind of compensation you could be eligible for.
Call HMW Law Today for Legal Guidance
Truck accidents often involve complex liability issues and severe injuries, making the claims process challenging. However, with a clear understanding of liability and a strategic approach to navigating injury claims, victims c.an seek the compensation they deserve. Remember, every case is unique, so you should always consult with a legal professional for advice tailored to your specific circumstances.
Call HMW Law today at 216-369-1352 for a free consultation about your truck accident. Our experienced team can negotiate with the liable parties and their insurance companies on your behalf to reach a fair settlement for your injury claim.
